Toohey v. Carnegie Coal Corp.

Kenworthey, J.,

Opinion by

The Workmen’s Compensation Board made an award which was affirmed by the court below. Defendant appeals on the ground there was no evidence of an accident.

Claimant is a coal miner. On October 18, 1938, he stooped to walk through a trap door leading from one section of the mine into another. He was doing nothing unusual; the door was often used by him and other miners; they were required to stoop because the open ing was only thirty inches high. He described what occurred as follows: “Well, we were carrying our tools, my buddy and I, carrying our tools from one section…